Intellectual Property

As an entrepreneur you go to great lengths and expense to create, market, and protect your brand or product. As the value of the product begins to be recognized, the risk of intellectual property infringement increases.

Intellectual property can refer to:

  • Copyright – the right to own certain creative works such as: a piece of music, a work of art, or the content on your company website;
  • Trademark – a design, a name or an expression which is used to identify your business or product such as: the name of a business, the name of a product, a slogan or a catchphrase are all trademarks;
  • Patents – exclusive right to an invention. A new design for a tool would be a patent.

Intellectual property infringement occurs when another person uses your copyright, trademark or patent without authorization. This can negatively affect a business: it can cut into your sales, and it can reduce the value and reputation of your brand.

You are a victim of intellectual property infringement when a third party:

  • Reproduces a copyrighted work without authorization;
  • Tries to pass off its product as yours;
  • Uses your mark (or a mark similar to yours) to identify its product;
  • Produces or sells a product patented by you;

Whether your intellectual property is registered with the government or not, you could have a remedy against the infringing party. At O’Connor Richardson we can advise on a course of action and act on your behalf as you try to protect your intellectual property.

In the interests of saving you the stress and expense of a trial, we recommend trying to resolve these matters outside the Court system first.

If this step is not successful, and lawsuit is needed to protect your rights, we will use all our experience to recover your losses and obtain the necessary injunctions to protect you and your business.